भारतीय विमानपत्तन प्राधिकरण AIRPORTS AUTHORITY OF INDIA Rajiv Gandhi Bhawan New Delhi - 110003 Request for Proposal (RFP) For CONCESSION TO DEVELOP, MARKET, SET UP, OPERATE, MAINTAIN AND MANAGE THE RETAIL OUTLETS At Goa Airport E-Bid no: 2018_AAI_6282_1 17th January, 2018 Bid Manager : Asst. General Manager(Commercial) Tel. No : 0832-2541730 / 2540806 Extn No. : 131 / 101 Mobile No. : 7044068538 / 7722049997 E-Mail ID : [email protected] / [email protected] Fax No. : 0832-2541610. 2 E-TENDERING GUIDELINES TO THE BIDDERS https://etenders.gov.in/eprocure/app 1. For any Bid related issue / query pertaining to technical support or otherwise on CPP portal please call the Helpdesk. The 24x7 Help Desk Number 0120-4200462, 0120 – 4001002. Note:- Bidders are requested to kindly mention the URL of the Portal and Tender ID in the subject while emailing any issue along with the contact details. For any issues/clarifications relating to the tender(s) published kindly contact the respective Tender Inviting Authority. Tel: 0120 – 4200462, 0120 – 4001002 Mobile : 91 8826246593 E-Mail: [email protected] 2. For any Policy related matter / Clarifications Please contact Dept of Expenditure, Ministry of Finance. E-Mail: [email protected] 3. For any Issues / Clarifications relating to the publishing and submission of AAI tender(s) a. In order to facilitate the Vendors / Bidders as well as internal users from AAI, Help desk services have been launched between 0800-2000 hours for the CPPP under GePNIC http://etenders.gov.in. The help desk services shall be available on all working days (E xcept Sunday and Gazetted Holiday) between 0800-2000 hours and shall assist users on issues related to the use of Central Public Procurement Portal(CPPP). b. Before submitting queries, bidders are requested to follow the instructions given in “Guidelines to Bidders” and get their computer system configured according to the recommended settings as specified in the portal at “System Settings for CPPP” 4. E-Tendering Participation Requirements: Interested vendors willing to participate through e-tendering process are required to register themselves on the portal https://etenders.gov.in/eprocure/app portal. following the process given below: 4.1. (i) For any technical assistant with regard to the functioning of the portal the bidders as well as AAI users may establish contact according to the escalation matrix as mentioned below:- RFP-RETAIL, Goa Airport Page 2 of 168 3 S. Support Escalatio Help Desk Timings no. Persons n E-mail address Number Matrix 1. Help Desk Instant [email protected] 011- 0800- Team Support 24632950, 2000 Hrs. Ext-3512 (MON - (6 Lines) SAT) 2. Sh. After 4 sanjeevkumar@aai. 011- 0930-1800 Sanjeev hours of aero 24632950, Hrs. Kumar, Jr. issue Ext - 3523 (MON- Exe.(IT) FRI) 3. Mrs. After 12 [email protected] 011- 0930-1800 S.Nita hours 24632950, Hrs. Sr. Mgr. Ext- 3523 (MON- (IT) FRI) 4. General After 3 [email protected] 011-24657900 0930-1800 Manager(IT days Hrs. ) (MON- FRI) 5 Bid ----------- Bid Manager :AGM(Coml) -------------- 0930- Tel. No : 0832-2541610 1800 Hrs. Manager ----- Extn No. : 131. Mobile No. : 7044068538 (MON-FRI) E-Mail ID : [email protected] Fax No. 0832-2541610 * The Helpdesk services shall remain closed on Govt. Gazetted Holidays. 5. The above mentioned help desk numbers are intended only for queries related to the issues on e-procurement portal and help needed on the operation of the portal. In case of technical support regarding e-teNder portal, if AAI, Help Desk is non responsive , the Bid Manager can be contacted as below on all working days from 09.30 hrs to 18.00 hrs. For queries related to the tenders published on the portal, bidders are advised to contact concerned Bid Manager of AAI. RFP-RETAIL, Goa Airport Page 3 of 168 4 SALIENT POINTS ABOUT NIC CPP PORTAL 1. The bidders should enroll in https://etenders.gov.in to carry out the procurement activities. a. Bidders have to enroll themselves to the portal by following the bidder’s guide for enrollment to the portal. 2. Entry will be through two factor login i.e. User id & password followed by the login through DSC. 3. Portal allows multi- cover tenders, Limited Tender, Offline payment (Tender fees, EMD) and online bid submission and other important clauses as necessary. 4. 2-BOT: First cover (Fees, Pre-Qualification, Technical bid), second cover is Financial bid. 5. Last date/time of sale of tender and last date/time of submission of tender are same by default. 6. Only first-cover and financial -bid cover opening dates can be published. System generated e-mail/SMS shall be sent to bidders only at the time of first-cover opening and financial-bid opening. However, accept/reject message to bidders at various stages goes by SMS/E-mail. Bidder is informed by mail/SMS about the result after every level of evaluation. 7. The date for receiving clarifications can be extended by giving corrigendum only if the submission start date and time is not crossed/over. 8. The bidders can see the recommendations after every stage under “tender status” bringing in transparency in the procurement process. 9. Bidders can resubmit the bid any number of times before the due date. Bidder can also withdraw the bid. 10. Award of the contract can be viewed under “Results of the tender” in the site. 11. BOQ Template selection should be properly done as per the tender requirement. BOQ Template can be selected on the basis of following points: (i) Item Rate BOQ Template a. This BOQ may be used, where department is carrying out overall value based Evaluation as well as bind the vendor to quote each and every item. b. From contractor/ bidder side, this BOQ receives only Bidder Name and Basic/ Unit rate (“Inclusive of all Taxes” or “Exclusive of all Taxes”) in M Column only. Formula has to be applied on BA Column. Price comparative statement shall be calculated based on BA Column. RFP-RETAIL, Goa Airport Page 4 of 168 5 c. Using this sheet, system generates comparative chart indicating H1, H2…, H (n) against each item as well as on overall value. (ii) Item Wise BOQ Template a. Item wise BOQ may be used where department is carrying out Item Wise Evaluation. b. Always get Basic /Unit rate in M column only. c. Always get Total Amount without Tax in BA Column only. i.e. Qty. X Basic Price. d. Always get Total Amount with Tax in BB Column only. e. Using this sheet, system gives comparative chart on L1 (With Tax and Without Tax both) based on item wise as well as overall value. (iii) The details regarding other BOQ Templates (i.e. Percentage BOQ, Item Wise BOQ open for L1/H1, Item Wise Form Based BOQ, BOQ Mixed Template, BOQ Multicurrency Template) is available at ftp://ftp.aai.aero/eProcurement%20Manuals%20CPPP/ 12. Web-learning session on CPPP and the monthly calendar of web-learning session is available at https://eprocure.gov.in/cppp/trainingdisp 13. Utmost care needs to be taken while DSC mapping in CPPP. User‟s -id should be mapped with his/her own DSC. In case, somebody‟s DSC is mapped with some other user-id, it cannot be reverted back. 14. For any other queries refer to FAQ https://etenders.gov.in/eprocure/app;jsessionid=8A3ED198A88B9B9373FF273 CFBC8AE80.cppsu gep1?page=FAQFrontEnd&service=page 15. It is recommended to upload the drawings in .dwf format. Auto Cad DWF Viewer is an Open Source software available on http://usa.autodesk.com/design-review. 16. Revised Circular and guidelines on reverse/forward auction are available at ftp://ftp.aai.aero/eProcurement%20Manuals%20CPPP/Reverse%20Auction%20 Guidelines/ RFP-RETAIL, Goa Airport Page 5 of 168 6 CONTENTS SI. Page Particulars No. No. 1 Disclaimer 8 2 Definitions & Interpretations 10 3 Chapter-1 Introduction 20 4 Chapter-2 Instruction to bidders 26 5 Chapter-3 Evaluation of Proposals 36 6 Chapter-4 Award of Concession 38 7 Chapter-5 The concession & concessionaire 40 8 Chapter-6-Fraud and corrupt practices 49 Chapter-7 EPOS 51 9 Chapter-8 Miscellaneous 55 10 Letter Comprising the Undertaking and RFP Proposal (Form-I) 56 Format - Details of Commercial licenses held/operated (Form-II, 11 60 Annexure-1) 12 Format - Outstanding Dues Certificate (Form-II, Annexure-2) 61 13 Integrity Pact (Form-III) 63 14 Checklist for Submission (Form-IV) 71 15 Format for Financial Proposal (Appendix-I) 72 16 Concession Agreement (Appendix-II) 73-147 (i) Article-1-Definition and Interpretation (ii) Article-2-The Concession (iii) Article-3-Obligation of the Concessionaire (iv) Article-4-Obligation of Authority (v) Article-5-Representation & Warranties (vi) Article-6-Disclaimer (vii) Article-7-Security Deposit (viii) Article-8-Assigned Space/Premises (ix) Article-9-Construction of Structures RFP-RETAIL, Goa Airport Page 6 of 168 7 (x) Article-10-Concession Fees (xi) Article-11-Operation & Maintenance Practices (xii) Article-12-Safety, Health /Hygiene Requirements (xiii) Article-13-Pricing Policy Requirement (xiv) Article-14-Payments to Authority (xv) Article-15-Insurance (xvi) Article-16-Change in law (xvii) Article-17-Force Majeure (xviii) Article-18-Events of Default (xix) Article-19-Termination (xx) Article-20-Liability & Indemnity (xxi) Article-21-Rights and Title over Locations/ Space/ Premises (xxii) Article-22-Dispute Resolution (xxiii) Article-23-Disclosures (xxiv) Article-24-Redressal of Public Grievances (xxv) Article-25-Miscellaneous 17 Schedule-A-Indicative / Tentative Location Layout Plan 148 18 Schedule-B-Monthly Concession Fee 153 19 Schedule –C-Details of Incumbent Licenses 154 20 Schedule-D-Integrity pact 157 21 Schedule-E-Capital Expenditure Plan 158 22 Schedule –F-Handing/Taking Over Report 159 23 Schedule-G-Penalty for Infractions 160 24 Schedule-H-Proposal on Customer Service 161 25 Schedule I- Format of Bank Guarantee 162 26 Schedule J : Operation & Maintenance Practices 164 26 Annexure-A : Shortlisted bidders list 165 27 Annexure-B EPOS MATRIX 166-168 RFP-RETAIL, Goa Airport Page 7 of 168 8 DISCLAIMER The information contained in this Request for Proposal document (the “RFP”) or subsequently provided to Bidder(s), whether in documentary form, by or on behalf of the Authority, is provided to Bidder(s) on the terms and conditions set out in this RFP and such other terms and conditions subject to which such information is provided. This RFP is neither an agreement nor an offer by the Authority but an invitation to the prospective Bidders. The purpose of this RFP is to provide bidders (qualified in the RFQ) with information that may be useful to them in the formulation of their financial application pursuant to this RFP (the “Proposal”). This RFP includes statements, which reflect various assumptions and assessments arrived at by the Authority in relation to the Concession. Such assumptions, assessments and statements do not purport to contain all the information that each applicant may require. This RFP may not be appropriate for all persons, and it is not possible for the Authority, its employees or advisors to consider the investment objectives, financial situation and particular needs of each party who reads or uses this RFP. The assumptions, assessments, statements and information contained in this RFP may not be complete, accurate, adequate or correct. Each Applicant should therefore, conduct its own assessment, due diligence and analysis and should check the accuracy, adequacy, correctness, reliability and completeness of the assumptions, assessments, statements and information contained in this RFP and obtain independent advice from appropriate sources. Information provided in this RFP to the Applicant(s) is on a wide range of matters, some of which may depend upon interpretation of law. The information given is not intended to be an exhaustive account of statutory requirements and should not be regarded as a complete or authoritative statement of law. The Authority accepts no responsibility for the accuracy or otherwise for any interpretation or opinion on law expressed herein. The Authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any Applicant, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may arise from or be incurred or suffered on account of anything contained in this RFP or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the RFP and any assessment, assumption, statement or information contained therein or deemed to form part of this RFP or arising in any way with pre-qualification of Applicants for participation in the Bidding Process. The Authority also accepts no liability of any nature whether resulting from negligence or otherwise howsoever caused arising from reliance of any Applicant upon the statements contained in this RFP. RFP-RETAIL, Goa Airport Page 8 of 168 9 The Authority may, in its absolute discretion but without being under any obligation to do so, update, amend or supplement the information, assessment or assumptions contained in this RFP. The issue of this RFP does not imply that the Authority is bound to select and short-list pre-qualified Proposals for Bid Stage or to appoint the Selected Bidder or Concessionaire, as the case may be, for the Concession and the Authority reserves the right to reject all or any of the Applications or Bids without assigning any reasons whatsoever. The Applicant shall bear all its costs associated with or relating to the preparation and submission of its Application including but not limited to preparation, copying, postage, delivery fees, expenses associated with any demonstrations or presentations which may be required by the Authority or any other costs incurred in connection with or relating to its Application. All such costs and expenses will remain with the Applicant and the Authority shall not be liable in any manner whatsoever for the same or for any other costs or other expenses incurred by an Applicant in preparation for submission of the Application, regardless of the conduct or outcome of the Bidding Process. The Applicant shall be wholly responsible for any statements/documents/ records, etc submitted pursuant to this RFP and ensure accuracy thereof. The Authority or its employees shall accept no responsibility or liability for any deficiency that may be made by the bidder. Any false declaration made by the Applicant shall invite action as may be decided by the Authority including termination, debar, forfeiture of Bid Security and/or Security Deposit. The Applicant shall also indemnify the Authority and its employees from actions arising out of this RFP. **************************************************** RFP-RETAIL, Goa Airport Page 9 of 168 10 DEFINITIONS AND INTERPRETATIONS In this RFP, the following expressions shall have the meaning stated herein: 1. “Access Date” shall mean “the date on which the Concessionaire is handed over physical possession of at least 50% of the Space/location/Premises designated in RFP (after completion of the contractual formalities like acceptance of LOIA, submission of security deposit, signing of agreement etc.) within the incubation period. In case the agency fails to take over the approved space/premises within 60 days of LOIA, the 61st day from LOIA shall be deemed to be the access date”. A handing over/taking over report to be signed by the concessionaire with AAI on or before the commencement date in respect of the locations handed over. (Schedule-A) 2. “Applicant/Bidder” shall mean “a sole entity or a Consortium of entities”, submitting an application pursuant to this RFP. 3. Application” shall mean the application to be submitted by each Applicant pursuant to this RFP in the forms provided as annexures hereto. 4. “Application Due Date” shall have the meaning ascribed to the term in Clause 1.1.6. 5. ”Airport” shall include all its present terminal buildings, equipments, facilities and systems. 6. “Airport Users” shall mean any person using or involved in activities at, or in connection with or in relation to the Airport, including without limitation, staff of the Airport and airlines operating at the Airport, the passengers and flight crew members of airline and other allied Agencies working at Airport. 7. "Applicable Laws" means all applicable laws for the time being in force and effect as of the date hereof and which may be promulgated or brought into force and effect hereinafter in India or such other territorial jurisdiction outside India, by any authority, including Governmental Authority, including any revisions, amendments or re-enactments including without limitation statutes, rules, regulations, bye-laws, policies made there under, judgments, decrees, injunctions, writs, orders issued by any court of record or other requirement or official directive of any Governmental Authority or any person acting under Authority of any Governmental Authority or any statutory authority, including any notification issued by the Reserve Bank of India or of any Governmental Authorities, as may be in force and effect during the subsistence of the Agreements. 8. "Applicable Permits" means all clearances, licenses, permits, authorizations, no objection certificates, consents, approvals and exemptions required to be obtained or maintained under Applicable Laws in connection with the development, operation and RFP-RETAIL, Goa Airport Page 10 of 168